Legislature Preliminarily Passes Election Act Amendment: Relaxes Restrictions to Allow Those with Suspended Sentences to Run

Taiwan's Legislative committee has preliminarily passed an amendment to the Election and Recall Act, removing candidacy restrictions for individuals with suspended sentences, while adding a ban on those convicted of fraud.
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  • 📰 Published: April 23, 2026 at 13:55
  • 🔍 Collected: April 23, 2026 at 14:01 (6 min after Published)
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Central News Agency

(CNA Reporter Chen Chun-hua, Taipei, 23rd) The Internal Administration Committee of the Legislative Yuan today preliminarily passed a draft amendment to the Civil Servants Election and Recall Act, removing the passive qualification restrictions for candidates who are "subject to a suspended sentence." However, it must undergo cross-party negotiations before discussion in the plenary session. Additionally, a new provision was added stipulating that individuals with a final guilty verdict for crimes under the "Fraud Crime Harm Prevention Act" are disqualified from registering as candidates.

The Internal Administration Committee today invited Minister of the Interior Liu Shyh-fang, Acting Chairman of the Central Election Commission Wu Rong-hui, and others to attend and continue the review of draft amendments to Article 26 of the Civil Servants Election and Recall Act and Article 26 of the Presidential and Vice Presidential Election and Recall Act.

DPP Legislator Lin Shu-fen's proposal noted that Article 26 is a passive restriction on candidate qualifications, but it failed to distinguish the severity of the crimes and the necessity of actual incarceration. This led to situations where individuals who did not commit specific major crimes (such as "black gold, guns, and drugs") and were granted "probation" by the courts had their right to political participation restricted as severely as those who had fully served commuted fines.

KMT Legislator Chen Yu-jen's proposal stated that current laws blanketly exclude all minor offenders on "probation" from running for office, excessively expanding the scope of the anti-gang/anti-corruption sweep. This contradicts the judicial purpose of encouraging offender rehabilitation and poses a clear risk of violating the constitutional principle of proportionality.

The TPP caucus proposal argued that probation, commuted fines, and social labor are alternative punishments for minor crimes, demonstrating the leniency and corrective efficacy of the law. To outright exclude from candidacy those whose alternative sentences have not yet been executed, are uncompleted, or whose right to execute punishment has expired due to the statute of limitations, constitutes disproportionate interference and clashes with the principle of a nation governed by the rule of law.

After negotiations, the DPP and KMT legislators present reached a consensus to amend the provision to: "Provided, however, that those subject to a suspended sentence shall not be subject to this restriction." TPP Legislator Hsu Chung-hsin argued it should be amended to: "Provided, however, that those subject to a suspended sentence or commuted punishment shall not be subject to this restriction." Ultimately, Internal Administration Committee Convener and KMT Legislator Liao Hsien-hsiang announced that the clause would be retained and sent for cross-party negotiations.

Furthermore, the committee also preliminarily passed amendments to Article 26 of both the Presidential and Civil Servants Election and Recall Acts, adding that those with final guilty verdicts for crimes under the "Fraud Crime Harm Prevention Act" may not register as candidates. (Editor: Lin Ke-lun) 1150423